View full sizeNorthampton County Judge Craig Dally won't let a gay marriage objector become part of a dispute between a widow whose gay marriage wasn't recognized before her spouse died and the state of Pennsylvania.Express-Times File Photo

Judge Craig Dally ruled last week that James Schneller and his Philadelphia Metro Strike Force had no right to intervene in Barbara Baus' petition to avoid a 15 percent inheritance tax. The tax is waived for spouses, but Pennsylvania did not recognize Baus' out-of-state same-sex marriage to Catherine Burgi-Rios when she died of leukemia in 2011.

Schneller argued he and his task force, an informal organization dedicated to promoting traditional family values and morality in government, should be allowed to intervene in the case because they would see their rights to liberty, expression and to protect their property diminished.

Dally rejected the argument, saying Schneller had no interest in a tax dispute between a widow and the state. Instead, he said Schneller, who despite no legal background is representing himself, has ulterior motives to want to proceed in the case.

"It is clear to the court that (Schneller and the task force's) assertions amount to nothing more than an expression of their clear moral objection to the recognition of same-sex marriage, couched in constitutional language," Dally wrote.

Outrage doesn't equal standing, judge rules

The judge also wrote that Schneller's moral outrage at the recent court decisions that have recognized same-sex marriage and protect the rights of gay couples does not provide him with any special legal standing.

"While the social relations of one may be objectionable to another on any number of grounds, an offense to one's senses, their religion or their moral code are not sufficient grounds to allow third parties to insert themselves into the social relations of others as regulated by this commonwealth," Dally said.

Dally also determined Schneller could not intervene in the case after he failed to file a motion providing a legal explanation as to why he should be allowed to intervene in the case. The judge also dismissed a request by Schneller that the case be decided by a jury.

Juries are tasked with deciding the facts of a case, while judges are responsible for deciding the applicable law, Dally wrote.

Not the first setback for Schneller

Schneller has seen similar efforts to intervene in other same-sex marriage lawsuits rejected across the state, including the landmark case last month when U.S. District Judge John Jones ordered the state to begin recognizing same-sex marriages.

Dally has not issued a ruling in Baus' petition to have her marriage retroactively recognized.